CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal
herein is against the decision of the Court of Appeal, Kaduna Division delivered on
the 4th June, 2012 in appeal No. CA/K/247/2010. The appellant, at the Court
below appealed against his conviction and sentence by the High Court of Kano
State sitting at Kano on a charge of rape as follows:CHARGE:-That you Shuaibu Isa "m" of Unguwa Uku Quarters Kano within Kano
Judicial Division on U/5/2005 at Unguwa Uku committed rape on one Aigha Ado
"f" of 8 years old and thereby committed an offence punishable under Section
283 of the Penal Code.
STATEMENT OF FACTS:Pursuant to Section 211 of the 1999 Constitution and Section 7 of the Criminal
Procedure Code, Cap 37, Laws of Kano State, the respondent proffered the
foregoing lone count charge of rape against the appellant punishable under
Section 283 of the Penal Code.
The prosecution listed seven (7) witnesses but called six (6) including the mother
of the prosecutrix and a medical doctor from Aminu Kano Teaching Hospital Kano.
The appellant defended himself. The proceedings commenced in the trial Court
with the affirmation of one Abubakar Gezawa as interpreter of the proceedings
from English into Hausa and vice-versa.
The evidence in the trial Court started off with PW1 (the victim of the rape). She
was twelve years old at the date of giving evidence and affirmed to speak the
truth. She narrated her ordeal which dated back to three years prior to the date